Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol II).djvu/551

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CH. XV.]

POWERS OF CONGRESS—COMMERCE.

543

may properly be deemed in u state of pupillage; and its relation to the United States resembles that of a ward to a guardian.^[1]^[2]

↑ The Cherokee Nation v. Georgia, 5 Peters's R. 1, 16, 17; Jackson v. Goodell, 20 John. R. 193; 3 Kent's Comm. Lect. 50, p. 308 to 318.—In the first volume of Bioren & Duane's edition of the laws of the United States, there will be found a history of our Indian Treaties and Laws regulating Intercourse and Trade with the Indians. 1 United States Laws, 597 to 620.
↑ While this sheet was passing through the press, President Jackson's Proclamation of the 10th of December, 1832, concerning the recent Ordinance of South-Carolina on the subject of the tariff, appeared. That document contains a most elaborate view of several questions, which have been discussed in this and the preceding volume, especially respecting the supremacy of the laws of the Union; the right of the judiciary to decide upon the constitutionality of those laws; and the total repugnancy to the constitution of the modern doctrine of nullification asserted in that ordinance. As a state paper it is entitled to very high praise for the clearness, force, and eloquence, with which it has defended the rights and powers of the national government. I gladly copy into these pages some of its important passages, as among the ablest commentaries ever offered upon the constitution.
"Whereas, a convention assembled in the state of South-Carolina have passed an ordinance, by which they declare, 'That the several acts and parts of acts of the congress of the United States, purporting to be laws for the imposing of duties and imposts on the importation of foreign commodities, and now having actual operation and effect within the United States, and more especially,' two acts for the same purpose passed on the 29th of May, 1828, and on the 14th of July, 1832, 'are unauthorized by the constitution of the United States, and violate the true meaning and intent thereof, and are null and void, and no law,' nor binding on the citizens of that state or its officers: and by the said ordinance, it is further declared to be unlawful for any of the constituted authorities of the state, or of the United States, to enforce the payment of the duties imposed by the said acts within the same state, and that it is the duty of the legislature to pass such laws, as may be necessary to give full effect to the said ordinance:
"And whereas, by the said ordinance, it is further ordained, that in no case of law or equity, decided in the courts of said state, wherein shall be drawn in question the validity of the said ordinance, or of the acts of the legislature, that may be passed to give it effect, or of the said laws of the United States, no appeal shall be allowed to the Supreme Court of the United States, nor shall any copy of the record be

[1] The Cherokee Nation v. Georgia, 5 Peters's R. 1, 16, 17; Jackson v. Goodell, 20 John. R. 193; 3 Kent's Comm. Lect. 50, p. 308 to 318.—In the first volume of Bioren & Duane's edition of the laws of the United States, there will be found a history of our Indian Treaties and Laws regulating Intercourse and Trade with the Indians. 1 United States Laws, 597 to 620.

[s1096n2-2] While this sheet was passing through the press, President Jackson's Proclamation of the 10th of December, 1832, concerning the recent Ordinance of South-Carolina on the subject of the tariff, appeared. That document contains a most elaborate view of several questions, which have been discussed in this and the preceding volume, especially respecting the supremacy of the laws of the Union; the right of the judiciary to decide upon the constitutionality of those laws; and the total repugnancy to the constitution of the modern doctrine of nullification asserted in that ordinance. As a state paper it is entitled to very high praise for the clearness, force, and eloquence, with which it has defended the rights and powers of the national government. I gladly copy into these pages some of its important passages, as among the ablest commentaries ever offered upon the constitution.
"Whereas, a convention assembled in the state of South-Carolina have passed an ordinance, by which they declare, 'That the several acts and parts of acts of the congress of the United States, purporting to be laws for the imposing of duties and imposts on the importation of foreign commodities, and now having actual operation and effect within the United States, and more especially,' two acts for the same purpose passed on the 29th of May, 1828, and on the 14th of July, 1832, 'are unauthorized by the constitution of the United States, and violate the true meaning and intent thereof, and are null and void, and no law,' nor binding on the citizens of that state or its officers: and by the said ordinance, it is further declared to be unlawful for any of the constituted authorities of the state, or of the United States, to enforce the payment of the duties imposed by the said acts within the same state, and that it is the duty of the legislature to pass such laws, as may be necessary to give full effect to the said ordinance:
"And whereas, by the said ordinance, it is further ordained, that in no case of law or equity, decided in the courts of said state, wherein shall be drawn in question the validity of the said ordinance, or of the acts of the legislature, that may be passed to give it effect, or of the said laws of the United States, no appeal shall be allowed to the Supreme Court of the United States, nor shall any copy of the record be

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